HCS/SCS/SB 982 - This act modifies provisions relating to youth services, including: (1) missing children; (2) early learning programs; (3) gifted education; (4) summer school; (5) transfer of authority of certain child care facility programs to the Department of Elementary and Secondary Education; (6) MO HealthNet eligibility; (7) Children's Division employees, programs, and residential congregate settings; (8) day and summer camps; and (9) family child care homes.MISSING CHILDREN (Section 43.400)
Current law defines a "missing child" or "missing juvenile" when referencing certain missing persons statutes as including any person under the age of 17. This act modifies that definition to include person under the age of 18.
This provision is similar to provisions in HCS/HB 1559 (2022) and SS/SCS/HCS/HB 2151 (2022) and similar to a provision in HCS/SS#2/SB 823 (2022).
EARLY LEARNING PROGRAMS (Section 161.217)
Currently, a voluntary early learning quality assurance report program exists as a pilot program and expires on August 28, 2022. This act removes the designation of the program as a pilot program and removes the expiration date.
This provision is similar to provisions in the truly agreed to and finally passed HB 2365 (2022), SB 846 (2022), SB 800 (2022), SS/SCS/HCS/HB 2151 (2022), and a provision in SCS/HCS/HB 2376 (2022).
GIFTED EDUCATION (Section 162.720)
Under current law, when a sufficient number of children are determined to be gifted and their development requires programs or services beyond the level of those ordinarily provided in regular public school programs, school districts may establish special programs for such gifted children. Approval of such programs shall be made by the Department of Elementary and Secondary Education based upon project applications submitted by July 15 of each year.
Under this act, if 3% or more of students enrolled in a school district are identified as gifted, the district is required to establish a state-approved gifted program for gifted children. If a school district has an average daily attendance of 350 students or fewer, the district's gifted program shall not be required to provide services by a teacher certified to teach gifted education. Any teacher who provides gifted services through the program, and is not certified, shall annually participate in at least 6 hours of professional development focused on gifted development. The district shall pay for such professional development. These provisions shall apply to school years beginning on or after July 1, 2024.
Approval of such programs shall be made by the Department based upon project applications submitted at a time and in a form determined by the Department.
This provision is identical to provisions in the truly agreed to and finally passed CCS#2/HCS/SS/SCS/SBs 681 & 662 (2022), SCS/HCS/HB 2376 (2022), HCS/SS#2/SB 997 (2022), SCS/HCS/HB 2304 (2022), and HB 2366 (2022), substantially similar to SB 806 (2022), SCS/SB 151 (2021), and provisions in the perfected HS/HCS/HB 306 (2021), and similar to SB 645 (2020), HB 112 (2019), HCS/SS/SB 218 (2019), HB 136 (2019), HB 1435 (2018), and HB 1030 (2017).
SUMMER SCHOOL (Section 167.227)
Under current law, no pupil shall attend summer school classes in more than one school district during any one summer. This act modifies such restriction to apply only when attendance occurs in more than one school district concurrently.
This provision is identical to SB 661 (2022) and SB 166 (2021).
TRANSFER OF AUTHORITY OF CERTAIN CHILD CARE FACILITY PROGRAMS TO THE DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION (Sections 208.044, 208.046, 208.053, 210.027, 210.102, 210.203, 210.211, 210.221, 210.223, 210.231, 210.241, 210.245, 210.251, 210.252, 210.254, 210.255, 210.256, 210.258, 210.275, 210.1007, and 210.1080 and the repeal of Section 210.199)
This act modifies current law relating to child care subsidies and child care facility licensing by transferring supervision and implementation authority from the Department of Social Services and the Department of Health and Senior Services to the Department of Elementary and Secondary Education pursuant to the Governor's Executive Order creating the Office of Childhood within the Department of Elementary and Secondary Education.
These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SB 683 (2022), HCS/SS#2/SB 823 (2022), SS/SCS/HCS/HB 2151 (2022), and SCS/HCS/HB 2376 (2022).
MO HEALTHNET ELIGIBILITY (Sections 208.147, 208.151, and 208.646)
This act modifies provisions relating to annual income and eligibility verification for MO HealthNet by repealing language requiring the Family Support Division to annually send a re-verification letter to a recipient and receiving the recipient's response within 10 days. This act requires the Division to follow federal regulations for the eligibility redetermination and renewal process, which includes making the determination based on information to which the Division may already have access rather than requiring information from the recipient.
Additionally, a child shall be no longer eligible and shall be disenrolled from MO HealthNet if the state becomes aware or notified that the child has moved out of the state or the child has reached 19 years of age.
Finally, the act modifies provisions of law relating to waiting periods after enrollment for the Children's Health Insurance Program (CHIP). Currently, there shall be a 30-day waiting period after enrollment for a child in a family with an income of more than 225% of the federal poverty level (FPL) before the child becomes eligible for coverage. Under this act, there shall be no waiting period after receipt of an application for an uninsured child before the child becomes eligible for coverage. Under current law, if a parent or guardian of a child in a family with an income of more than 225% FPL fails to meet the copayment or premium requirements of the program, the child shall not be eligible for coverage for 90 days after the Department of Social Services provides notice of the failure to the parent or guardian. This act requires that the parent or guardian fail to meet the copayment requirements on 3 separate occasions or fail to meet the premium requirements for 3 consecutive months before making the child ineligible for coverage for 90 days.
This provision is substantially similar to SB 935 (2022) and provisions in HB 42 (2021).
CHILDREN'S DIVISION EMPLOYEES, PROGRAMS, AND RESIDENTIAL CONGREGATE SETTINGS (Sections 210.135, 210.140, 210.147, 210.715, 210.762, and 211.081)
This act modifies existing statutory immunity from liability for certain persons involved with reporting, investigating, or responding to allegations of child abuse or neglect to include employees of the Department of Social Services, as well as to include additional provisions of law under which such individuals' actions may receive immunity from liability.
This act modifies existing statutory exceptions against recognizing privileged communications in situations of child abuse or neglect to include cooperation with the Children's Division in its activities under additional provisions of law, including child abuse or neglect investigations, termination of parental rights, and adoption and foster care.
Under current law, all information provided at a family support team meeting relating to the removal of a child from the child's home is confidential. This act modifies this provision so that all information provided at the meeting is confidential.
Under this act, the Department of Social Services shall establish programs to implement the provisions of the federal Family First Prevention Services Act by providing support to children and their families to prevent foster care placements when doing so is safe for the children and by limiting the use of residential setting placements.
If a child is placed in a residential congregate setting, the Children's Division shall arrange for a qualified individual to complete an assessment of the child within 30 days to determine the child's placement options and short-term and long-term goals, as specified in the act. The Children's Division shall assemble a family support team for the child. A qualified individual working with the child to develop the child's assessment shall have unlimited access to the child's records, including medical, educational, mental health, and placement records. The assessment shall be provided to all parties in a juvenile proceeding and admitted into evidence, with redactions as needed.
Within 60 days of the start of a placement in a residential setting, the court shall assess the appropriateness of the child's placement and make specific findings of fact, as described in the act. The court shall reassess the appropriateness for the child to remain in a residential setting placement at every subsequent hearing, but not less than every 6 months, until the child is discharged to a less restrictive, non-residential setting.
This act modifies current law regarding family support team meetings to permit biological family members and relatives, as appropriate, as well as professionals who are a resource to the child's family, to participate in the family support team meetings. In the case of a child who is age 14 or older, the team shall include members selected by the child. The Children's Division may exclude an individual from a meeting or make alternative arrangements for an individual to express his or her views if the individual becomes disruptive.
These provisions are identical to provisions in HCS/SS#2/SB 823 (2022) and SS/SCS/HCS/HB 2151 (2022).
DAY AND SUMMER CAMPS (Sections 210.201 and 210.211)
This act modifies child care facility licensure statutes by adding "day camps", as defined in the act, to the list of facilities exempt from licensure. Under this act, every child care facility shall disclose the licensure status of the facility and parents or guardians utilizing an unlicensed child care facility shall sign a written notice acknowledging the unlicensed status of the facility.
These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SB 683 (2022), SCS/HCS/HB 2376 (2022), HCS/SS#2/SB 823 (2022), SS/SCS/HCS/HB 2151 (2022), and SCS/SB 916 (2022), substantially similar to HCS/HB 1550 (2022), and similar to HB 1191 (2021).
FAMILY CHILD CARE HOMES (Sections 210.211 and B)
This act excludes from the number of children counted toward the maximum number of children for which a family child care home is licensed up to two children who are five years or older and who are related within the third degree of consanguinity or affinity to, adopted by, or under court appointed guardianship or legal custody of a child care provider who is responsible for the daily operation of a licensed family child care home organized as a legal entity in Missouri. If more than one member of the legal entity is responsible for the daily operation of the family child care home, then the related children of only one such member shall be excluded. A family child care home caring for such children shall provide notice to parents or guardians as specified in the act. Additionally, nothing in the act shall prohibit the Department of Elementary and Secondary Education from enforcing existing licensing regulations, including supervision requirements and capacity limitations based on the amount of child care space available.
This provision has an emergency clause.
This provision is identical to provisions in SCS/HCS/HB 2376 (2022), substantially similar to provisions in the truly agreed to and finally passed SS/SCS/SB 683 (2022), SS/SCS/HCS/HB 2151 (2022), SCS/SB 132 (2022), and provisions in SCS/HS/HB 432 (2021), and similar to SB 1026 (2020) and HB 1257 (2020).
SARAH HASKINS